Ravi Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17050 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- GOGRI District- Khagaria ====================================================== 1.

Ravi Yadav Son of Ashok Kumar Yadav Resident of Village-Paura, Police Station-Gogri, District-Khagaria.

2.

Lalit Yadav @ Nishant Kumar, Son of Late Nathan Yadav Resident of Village-Paura, Police Station-Gogri, District-Khagaria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

Petitioners seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has alleged that on 07.11.2018 at about 11:30 pm, 14 FIR named accused including petitioner along with some unidentified culprits armed with rifle entered his house and Ashok Yadav ordered to assault the Informant and his family members upon which Ravi Yadav (petitioner) assaulted on his nose from the butt of rifle and Fantush Yadav @ Rajiv Yadav assaulted his nephew on his head

Patna High Court CR. MISC. No.17050 of 2019(2) dt.02-04-2019 2/3 from the butt of rifle as a result of which both sustained injuries and fell down and thereafter there is general and omnibus allegation against all of assaulting the Informant and other family members by fists and slaps and also took away valuable articles and cash from the house.

It has been submitted on behalf of the petitioners that only swelling has been found on the nose of the Informant. As far as petitioner no. 2 except being named in the FIR there is no allegation of any overt act against him. There is case and counter case between the parties and previously also there were case and counter case between the parties. Petitioner is in custody since 12.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Gogri (Paura) P.S. Case No. 384 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two

Patna High Court CR. MISC. No.17050 of 2019(2) dt.02-04-2019 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U